This Commercial License Agreement ("Agreement") is made effective as of the date of acceptance by and between Deposition Sound ("Licensor") and the subscriber ("Licensee").
1. GRANT OF LICENSE
Licensor grants Licensee a non-exclusive, non-transferable, revocable license to commercially print and sell 3D printed loudspeakers and accessories ("Products") from the files provided on Deposition Sound's Thangs page ("Files"), subject to the terms and conditions of this Agreement.
2. LICENSE FEE
Licensee agrees to pay Licensor a monthly or annual subscription fee as specified on the subscription page of the Deposition Sound profile. Failure to pay the subscription fee will result in the immediate termination of this Agreement.
3. USE OF FILES
Licensee is permitted to:
a. Download and use the Files for the purpose of 3D printing the Products.
b. Sell the 3D printed Products.
Licensee is NOT permitted to:
a. Distribute, share, or sell the Files in any format.
b. Claim ownership of the design of the Files.
c. Use the Files for any illegal or unauthorized purpose.
4. QUALITY CONTROL
Licensee agrees to maintain the quality and standards of the Products as specified by Licensor. Licensor reserves the right to review and inspect the Products to ensure compliance with quality standards.
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Files remain the exclusive property of Licensor. Licensee acknowledges that no ownership rights are transferred under this Agreement.
6. TERMINATION
This Agreement may be terminated by either party:
a. Upon thirty (30) days written notice to the other party.
b. Immediately, without notice, if Licensee fails to comply with any term of this Agreement.
Upon termination, Licensee must cease all use of the Files and destroy any copies in its possession.
7. LIMITATION OF LIABILITY
Licensor is not liable for any damages, including but not limited to, loss of profits, data, or use, incurred by Licensee or any third party, whether in an action in contract or tort, arising from the use of the Files or the Products.
8. INDEMNIFICATION
Licensee agrees to indemnify and hold harmless Licensor from any claims, liabilities, damages, and expenses (including attorney’s fees) arising out of the Licensee’s use of the Files or sale of the Products.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding its subject matter.
11. AMENDMENTS
Licensor reserves the right to amend the terms of this Agreement at any time and will provide notice to Licensee of any changes. Continued use of the Files and sale of the Products after such notice will constitute acceptance of the amended terms.
12. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
13. CONTACT INFORMATION
For any questions regarding this Agreement, Licensee may contact Licensor at contact@depositionsound.com.
14. NO WAIVER
The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or of the right to enforce it.
15. ASSIGNMENT
Licensee may not assign this Agreement or any rights or obligations hereunder without the prior written consent of Licensor.
Acceptance
By subscribing and using the Files, Licensee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.
Licensor:
Deposition Sound